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Monday, October 8, 2012

Crime As Mental Disorder: Total Dwek

Admitted master fraudster Solomon Dwek is claiming he is bipolar and has anxiety disorders, in an attempt to (defraud the court?) gain leniency at his upcoming sentencing on Thursday, October 18th for a $50 million ban fraud.

If this diagnosis is accepted, one must wonder whether Dwek was "bipolar" and suffering "anxiety" when he was talking with FBI agents at proffer sessions, debriefings with his FBI handlers while spending years making tapes, or testifying at trial.

These questions are sure to be raised by attorneys for some of the convicted and now imprisoned New Jersey politicians, rabbis and others who were prosecuted on the basis of Dwek's testimony and videotapes, as well as attorneys for the many creditors and real estate investors -- including members of Dwek's own family and synagogue in Monmouth County, NJ.  

In the meantime, Dwek's sentencing looms.  He has a recommended sentencing range of between nine and 11 years, according to the non-mandatory federal sentencing guidelines which his sentencing judge, federal district court Jose Linares, is free to depart from.  Dwek's lawyers are surely seeking a downward departure, a reduction, based on both his "substantial and extensive cooperation" with -- heck, his initiation of -- the government's investigations in Bid Rig as well as his mental condition. 

However, there is no guarantee that Judge Linares -- who has been a little harsh with some of his sentences for small-town politicians as to whom proof of guilt appeared fanciful, at best -- will not view Dwek's claim as the height of chutzpah, an insult to the court, and a remorseless, gutless attempt to avoid responsibility for massive criminality, at any cost.

Eric Dixon is a corporate and investigative lawyer who is admitted to practice in New York and New Jersey.

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